THE International Criminal Court (ICC) opens its confirmation of charges hearing against former president Rodrigo Duterte today, Feb. 23, in The Hague.
The four-day proceedings include the annual review of Duterte’s detention, a procedural step designed to determine if he is fit to participate in court proceedings while in custody.
The hearing is a crucial phase in the ICC’s investigation into alleged crimes against humanity committed during Duterte’s controversial anti-drug campaign.
Human rights groups and international observers estimate that thousands of extrajudicial killings, or EJKs, were carried out, with many of the victims coming from poor communities across the Philippines.
Today’s session will begin with the official reading of the charges and initial observations from the contending parties from 10 a.m. to 10:30 a.m. (5 p.m.–5:30 p.m. Manila time).
The prosecution’s opening statements, set for 10:30 a.m. to 11 a.m. (5:30 p.m. to 6 p.m. Manila time), will outline the framework of the case, present a summary of the evidence, and set the stage for its argument that Duterte’s policies directly contributed to the EJKs.
The common legal representative of victims (CLRV) and Duterte’s defense team will deliver their opening remarks from 11:30 a.m. to 12:30 p.m. (6:30 p.m. to 7:30 p.m. Manila time), presenting their legal positions and responding to the charges.
During the afternoon session, from 2 p.m. to 3 p.m. (9 p.m. to 10 p.m. Manila time), the prosecution will present its submissions on the merits of the case.
On Tuesday, Feb. 24, the prosecution will continue its presentation of evidence and legal arguments from 10 a.m. to 11:30 a.m. (5 p.m. to 6:30 p.m. Manila time), followed by CLRV submissions from 11:30 a.m. to 12:30 p.m. (6:30 p.m.–7:30 p.m. Manila time).
The victims’ lawyers will resume in the afternoon from 2 p.m. to 3 p.m. (9 p.m. to 10 p.m. Manila time).
Thursday, Feb. 26, is reserved for Duterte’s defense, which will present its case in three consecutive sessions from 10 a.m. to 3 p.m. (5 p.m. to 10 p.m. Manila time), with scheduled breaks.
The final day, Friday, Feb. 27, will feature the prosecution’s closing statements from 10:30 a.m. to 11 a.m. (5:30 p.m. to 6 p.m. Manila time).
The CLRV and defense will make their separate closing remarks from 11:30 a.m. to 12:30 p.m. (6:30 p.m.–7:30 p.m. Manila time).
The proceedings will end with the annual review of Duterte’s detention from 2 p.m. to 3 p.m. (9 p.m. to 10 p.m. Manila time).
Sessions will be limited to three hours per day, with hourly breaks, and hearings will not exceed four days per week. Closing statements are not permitted to introduce new arguments.
Legal teams and key participants
Duterte’s defense team is led by British-Israeli lawyer Nicholas Kaufman, a veteran with more than 30 years of experience in ICC and other international tribunals. French lawyer Dov Jacobs is the associate counsel.
The prosecution is led by ICC Deputy Prosecutor Mandiaye Niang, a former international judge and United Nations official with extensive human rights law experience. Trial lawyers Edward Jeremy and Robynne Croft, experts in international humanitarian law, will present the case, assisted by International Cooperation Advisor Chantal Daniels and trial manager Grace Go.
The CLRV is made up of Filipino human rights lawyers Joel Butuyan and Gilbert Andres of the Center for International Law Philippines (CenterLaw) with Nicolene Arcaina, executive director of the Ateneo Human Rights Center, as the case manager.
Duterte’s all-Filipino legal panel includes Salvador Medialdea, Martin Delgra III, Silvestre Bello III, Alfredo Lim Jr., Caesar Dulay, and Salvador Panelo.
Pre-Trial Chamber I is composed of Judge Iulia Antoanella Motoc of Romania, Judge Reine Adelaide Sophie Alapini-Gansou, and Judge Maria del Socorro Flores Liera of Mexico.
Witnesses and evidence
The chamber has allowed the presentation of at least two witnesses, who could be victims, experts, pattern witnesses linking multiple incidents, or insiders involved in planning or executing alleged crimes.
While the official list has not been released, former Davao Death Squad members Arturo Lascañas and Edgar Matobato — who previously testified before the Philippine Congress on the killings allegedly ordered by Duterte during his time as Davao City mayor — are believed to reside in Europe.
Prosecutors have submitted multiple updated evidence lists, including a third update over the weekend, introducing 14 new items to the record.
The confidential annex contains sensitive witness information and expands the total body of evidence under review by the Pre-Trial Chamber.
The prosecution will try to establish a clear link between policies implemented during Duterte’s anti-drug campaign and the EJKs.
In the lead-up to the hearing, Duterte’s lawyers filed an urgent request to appeal the ICC’s Feb. 20 ruling allowing the CLRV and Arcaina to remain on the case.
The defense argued that past professional relationships could compromise the fairness of the trial.
Pre-Trial Chamber I rejected the request, noting that alleged conflicts were speculative and without sufficient legal basis.
The defense wants the chamber to reconsider, stressing that immediate intervention from the Appeals Chamber is necessary to protect the integrity of the proceedings.
On Sunday, the Duterte family confirmed they cannot visit the former president while the pre-trial hearing is in progress.
Telephone calls will be allowed, the family said in a statement.
“We thank the legal team for their continued dedication and professionalism during this critical time,” the Duterte family said.
Duterte was flown directly to The Hague after his arrest in Manila in March last year.